Texas 2021 - 87th Regular

Texas House Bill HB1401 Latest Draft

Bill / Enrolled Version Filed 05/20/2021

                            H.B. No. 1401


 AN ACT
 relating to methods to send applications and orders for sealing
 juvenile records.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Section 58.256, Family Code, is amended by
 adding Subsection (a-1) to read as follows:
 (a-1)  An application filed under this section may be sent to
 the juvenile court by any reasonable method authorized under Rule
 21, Texas Rules of Civil Procedure, including secure electronic
 means.
 SECTION 2.  Section 58.258(c), Family Code, is amended to
 read as follows:
 (c)  On entry of the order, all adjudications relating to the
 person are vacated and the proceedings are dismissed and treated
 for all purposes as though the proceedings had never occurred.  The
 clerk of court shall:
 (1)  seal all court records relating to the
 proceedings, including any records created in the clerk's case
 management system; and
 (2)  send copies of the order to all entities listed in
 the order by any reasonable method, including certified mail or
 secure electronic means[, regular mail, or e-mail].
 SECTION 3.  This Act takes effect September 1, 2021.
 ______________________________ ______________________________
 President of the Senate Speaker of the House
 I certify that H.B. No. 1401 was passed by the House on April
 1, 2021, by the following vote:  Yeas 148, Nays 0, 1 present, not
 voting.
 ______________________________
 Chief Clerk of the House
 I certify that H.B. No. 1401 was passed by the Senate on May
 19, 2021, by the following vote:  Yeas 31, Nays 0.
 ______________________________
 Secretary of the Senate
 APPROVED:  _____________________
 Date
 _____________________
 Governor